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(영문) 창원지방법원 2020.12.10 2020노2006
도로교통법위반(무면허운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The fact that the Defendant’s mistake is divided and reflected in the judgment, and that the family members and the branch members of the Defendant want to take the Defendant’s preference, etc. may be considered as favorable circumstances.

However, the Defendant committed the instant crime even though he was faced with the previous crime of unlicensed driving and drunk driving.

On the other hand, a traffic accident occurred while driving.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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